A Distasteful Thing Happened To Me On My Way To Dinner

[Mal at Hidden Creek Photo]

Originally Posted by CatCynic

The constitution may not provide the protection, but state law has to provide the police with the power. Without it, the police do not have the right to demand identification on the spot - the US is not (yet) a police state. They do have the right to arrest someone, and once arrested, the person is obligated to identify him or herself, but not before then. Of course, without probable cause, the arrest would probably be ruled wrongful.

Why do you feel the need to abuse someone exercising their rights?

Don't know where you received your degree in constitutional law but go get a refund...because you are placing things in the Bill of Rights which are not written. States may provide powers to police officers either by affirmative legislation or by the absence thereof...(e.g. not everything has to be spelled out).

I have been stopped, detained and/or asked for identification on several occasions and at various times of the clock. "not a problem officer, here's my driver's license" and I shortly hear the response "thank you sir, have a good night." Now if I opted to be a jerk, then I might just motivate the officer to run my license plates, SSN, name etc through his fancy little computer and eat up more time. I was even pulled over one night (@3:30 a.m.) by a county cop who ordered my hands on the dash as he approached. Seems he was looking for a guy in a pickup truck that had just broken into to a church. I was a guy in a pickup truck-and I had several weapons on me and in my vehicle w/my cameras...again here's my I.D. and its "have a good day".

I never abuse anyone for exercising their rights, just make sure first it is an actual right and not some anarchist pipe dream.

[dorbata]

I wouldn't give the officer jack with out him giving me a reason. I wouldn't demand a reason if he was asking other folks for ID. Hell, I would give him my ID if he told me that I look suspicious. Give me a reason, I'll take any reason, just give me one for crying out loud. Cops scares the hell out of me, they can shoot you first then ask questions. I mean, why do I feel like they are out to get me, even though I know they are here to protect us. I freaking get nervous when I'm driving and a cop pulls behind me. They get all close and stuff and I don't dare to even try to move to the next lane, not until a few minutes anyways. I don't know why because I'm not doing any illegal nor I have any illegal items in my possession.

[sukidr350]

that is not the point here, the officer had no right to walk up to him and demand to see his identification. i would do the same thing.
when you are driving it is a different story.
the way that the police in this country have changed over my short life time is sad, there are, and should be several rights that the police shouldn't and don't have. that is part of what this country is founded upon, but as the government (federal, state, and local) have progressed they try to make the laws more "idiot proof", and that makes the police have more rights that they should. it is a downward spiral.
i truly hope that it stops before a police state.

[TCProd]

You don't say, or maybe don't know, if the officer observed you locking the equipment in the car. Suppose it had happened a little differently. A thief grabs some of your equipment and locks it in his trunk. The officer sees this person putting expensive photo equipment in his trunk, but decides that this person probably has the "right" to be left alone, and why risk getting bad-mouthed by some citizen who only "might" be a thief? Best to just leave this citizen alone with his rights. So much for the expensive equipment, not to mention all the folks who would be screaming, "I was robbed. Where were the cops?"

I would rather prove to the officer that the equipment was mine and thank him for checking than risk having someone else get away with stealing it. In this case, if he saw the stuff in your trunk, he was probably going to just make a note of your name & address in case a theft report came in at a later time.

There are examples of good and bad cops, civilians, and photographers all over this world of ours. But I don't see what the situation has to do with Bush, Rummie, nor the (clearly out of line) cop in South Carolina.

[FrankParis]

And I bet you don't automatically hit your breaks as your traveling through Goose Creek.

[J Diaz]

Hey my baby sisiter read this post ago.She working internal affairs against behavior like that. she told me the tell you go to the office of internal affairs fill a complaint with the right information such bacht # and name if not you going to see a book with all police officer photo to you to identify from that particular town or city they going to take quick action about it. internal affairs
they don't like police officer. specially officer with that type of behavior such is abuse of authority. she said go right to the near office and make that complaint.

[gwphoto]

Why is everyone so quick to blame out government. I agree that we have lost a lot of our liberties, but it was the crazys from the middle east that are the problem. And the do good liberals here that don't want our government to put an end to this problem.

[J Diaz]

Originally Posted by gwphoto

Why is everyone so quick to blame out government. I agree that we have lost a lot of our liberties, but it was the crazys from the middle east that are the problem. And the do good liberals here that don't want our government to put an end to this problem.

believe or not three day ago my colleages in collage we was discuss the samething that you said. Why is everyone so quick to blame out government? and this what everybody agree by the way a take note for future discussion. this is what they said.

No no no it every one it the problem. (1) every one know that the 60% of oil we consum came from the middle east. (2) the threats always is there. (3) The real problem is the drug. why the US goverment do not do something about it, means real do something. the perfect exponation is drug is a big revenue to this contry and to other contry. you how much money confiscate
last year aprox 2.5 trillion dollar. now think about it. what the US goverment do with all that money, and war is another half of this equasion it another big revenue.
In my opinion I remain neurtral I no like politicial.

[penstar]

Any law enforcement officer can legally ask for identification from anyone as long as the officer can articulate (to a court of law) that your presence or actions were suspicious in nature (reasonable suspicion). At least this officer was smart enough to know that he lacked reasonable suspicion and left you alone. Though he only left you alone because you challenged his right to ask for ID. His comments were certainly unprofessional and inexcuseable. How many innocent people has he used that tactic with before who never stood up for their rights? You were right to report this abusive incident. Everyone should know their 4th amendment rights against illegal search and seizure.